Journal of the Senate

FIRST REGULAR SESSION

FOURTEENTH DAY--THURSDAY, JANUARY 25, 2001

President Maxwell in the Chair.

Reverend Carl Gauck offered the following prayer:

"Show me Lord, your way, so that I may walk in your truth. Guide my heart to fear your name." (Psalm 86:6)

Almighty God, as we finish up this historic week and head for home we ask for the gift to be able to walk in Your pathways. Help us to make our time with loved ones and friends special and our worship remind us of our traditions and priorities of what is truly important. Bless us this time together that our ways follow Your ways and our love may be like Yours. In Your Holy Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

Photographers from the Associated Press were given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

RESOLUTIONS

Senator Mathewson offered Senate Resolution No. 101, regarding Carolyn Baker, Sedalia, which was adopted.

Senator Kinder offered Senate Resolution No. 102, regarding Mr. Richard Kinder, Houston, Texas, which was adopted.

Senator Kinder offered Senate Resolution No. 103, regarding Dr. and Mrs. Jerry Kinder, Cape Girardeau, which was adopted.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 367-By Steelman.

An Act to repeal section 354.606, RSMo 2000, relating to health insurance, and to enact in lieu thereof one new section relating to the same subject.

SB 368-By Childers.

An Act to repeal sections 254.020 and 254.040, RSMo 2000, relating to forestry, and to enact in lieu thereof three new sections relating to the same subject.

SB 369-By Steelman and Stoll.

An Act to amend chapter 67, RSMo, by adding thereto nine new sections relating to utility access to public rights-of-way.

MESSAGES FROM THE GOVERNOR

The following messages were received from the Governor:

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 24, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I hereby withdraw from your consideration the following appointment to office made by Governor Mel Carnahan and submitted to you on January 3, 2001 for your advice and consent:

John P. Madigan, Jr., Democrat, 16 Robyn Point, Osage Beach, Camden County, Missouri 65065, as member of the Labor and Industrial Relations Commission of Missouri hereby designated as the representative of the public and who is licensed to practice law in the state of Missouri, for a term ending June 27, 2000, and until his successor is duly appointed and qualified; vice, Christopher Kelly, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 25, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Lowell Mohler, 4054 Highway 179, Jefferson City, Cole County, Missouri 65109, as Director of the Department of Agriculture, for a term ending at the pleasure of the Governor, and until his successor is duly appointed and qualified; vice, John L. Saunders, term expired.

Respectfully submitted,

BOB HOLDEN

Governor

Also,

OFFICE OF THE GOVERNOR

State of Missouri

Jefferson City, Missouri

January 25, 2001

TO THE SENATE OF THE 91st GENERAL ASSEMBLY

OF THE STATE OF MISSOURI:

I have the honor to transmit to you herewith for your advice and consent the following appointment to office:

Carol Russell Fischer, 1025 Carol Street, Jefferson City, Cole County, Missouri 65101, as Director of the Department of Revenue, for a term ending at the pleasure of the Governor, and until her successor is duly appointed and qualified; vice, Quentin C. Wilson, resigned.

Respectfully submitted,

BOB HOLDEN

Governor

President Pro Tem Quick moved that the appointment of John P. Madigan, Jr., be returned to the Governor pursuant to his request, which motion prevailed.

President Pro Tem Quick referred the above appointments to the Committee on Gubernatorial Appointments.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Co-Chairman of the Committee on Gubernatorial Appointments, submitted the following reports:

Mr. President: Your Committee on Guber-natorial Appointments, to which were referred the following appointments and reappointments, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to the following:

Nancy Russell Mikkelsen, as a member of the State Board of Registration for the Healing Arts;

Also,

Keith E. Spare and Susan B. Lile, as members, and Pier C. Patterson, as a public member of the Committee for Professional Counselors;

Also,

Michelle Y. Smart, as a public member of the Board of Geologist Registration;

Also,

Susan A. Colgan, as a member of the Missouri Western State College Board of Regents;

Also,

Arie L. Crawford, as a public member of the Advisory Committee for 911 Service Oversight;

Also,

Charles H. Hoessle, as a member of the Harris-Stowe State College Board of Regents;

Also,

Katherine K. Wesselschmidt, Susan E. Hazelwood, John T. Witherspoon and William P. Darby, as members of the Safe Drinking Water Commission;

Also,

Jerry Dean Gladden, as a member of the Personnel Advisory Board;

Also,

Marilyn Taylor Williams, as Director of the Division of Professional Registration;

Also,

Michael L. Hartmann, as Commissioner of the Office of Administration;

Also,

Kay Lynne Myers and Terry Bloomberg, as members of the Children's Trust Fund Board;

Also,

Shirley A. Fearon, as a member of the State Mental Health Commission;

Also,

Charles E. Braithwait, as a member of the Missouri Housing Development Commission;

Also,

Delores A. Hudson, as a member of the Health and Educational Facilities Authority of the State of Missouri;

Also,

Charles H. Kemper, as a member of the Missouri Public Entity Risk Management Board of Trustees;

Also,

R. Marie Carmichael, as a member of the Coordinating Board for Higher Education;

Also,

Michael F. Shanahan, Jr., as a member of the St. Louis Regional Convention and Sports Com-plex Authority;

Also,

Susan W. Nall, as a public member of the Video Instructional Development Education Opportunity Fund;

Also,

Dorothy M. Creager, Mann H. Jawad and Donald W. Link, as members of the Board of Boiler and Pressure Vessel Rules.

Senator Kinder moved that the committee reports be adopted and requested unanimous consent that they be voted on in one motion, which request was denied.

Senator Kinder requested that the committee report on Marilyn Taylor Williams be temporarily withdrawn, which request was granted.

Senator Kinder moved that the remaining committee reports be adopted and requested unanimous consent that they be voted on in one motion.

At the request of Senator Kinder, the above motion and request were withdrawn.

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Nancy Russell Mikkelson, as a member of the State Board of Registration for the Healing Arts, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Keith E. Spare, as a member of the Committee for Professional Counselors, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Wiggins moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Susan B. Lile, as a member of the Committee for Professional Counselors, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Gibbons moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Susan A. Colgan, as a member of the Missouri Western State College Board of Regents, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Johnson moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Arie L. Crawford, as a public member of the Advisory Committee for 911 Service Oversight, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Rohrbach moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Charles H. Hoessle, as a member of the Harris-Stowe State College Board of Regents, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Yeckel, Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Katherine K. Wesselschmidt, as a member of the Safe Drinking Water Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Yeckel, Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Susan E. Hazelwood, as a member of the Safe Drinking Water Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Jacob, Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of John T. Witherspoon, as a member of the Safe Drinking Water Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Bentley moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of William P. Darby, as a member of the Safe Drinking Water Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Gibbons moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Jerry Dean Gladden, as a member of the Personnel Advisory Board, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Steelman, Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Michael L. Hartmann, as Commissioner of the Office of Administration, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Jacob, Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Kay Lynne Myers, as a member of the Children's Trust Fund Board, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Terry Bloomberg, as a member of the Children's Trust Fund Board, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Shirley A. Fearon, as a member of the State Mental Health Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Wiggins moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Charles E. Braithwait, as a member of the Missouri Housing Development Commission, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Caskey moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Delores A. Hudson, as a member of the Health and Educational Facilities Authority of the State of Missouri, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Caskey moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Charles H. Kemper, as a member of the Missouri Public Entity Risk Management Board of Trustees, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator House, Senator Quick moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of R. Marie Carmichael, as a member of the Coordinating Board for Higher Education, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Bentley moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Michael F. Shanahan, Jr., as a member of the St. Louis Regional Convention and Sports Complex Authority, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Klarich moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Susan W. Nall, as a public member of the Video Instructional Development Education Opportunity Fund, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Dorothy M. Creager, as a member of the Board of Boiler and Pressure Vessel Rules, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Kenney moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Mann H. Jawad, as a member of the Board of Boiler and Pressure Vessel Rules, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Yeckel, Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Donald W. Link, as a member of the Board of Boiler and Pressure Vessel Rules, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

On behalf of Senator Yeckel, Senator Sims moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Pier C. Patterson, as a public member of the Committee for Professional Counselors, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Goode moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Also,

Mr. President: Your Committee on Gubernatorial Appointments, to which was referred the appointment of Michelle Y. Smart, as a public member of the Board of Geologist Registration, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Goode moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

CONCURRENT RESOLUTIONS

Senator DePasco moved that HCR 3 be taken up for adoption, which motion prevailed.

On motion of Senator DePasco, HCR 3 was adopted by the following vote:

Senator Singleton moved that SCR 2, with SA 1 (pending), be taken up for 3rd reading and final passage, which motion prevailed.

SA 1 was again taken up.

At the request of Senator Schneider, SA 1 was withdrawn.

Senator Schneider offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Concurrent Resolution No. 2, Page 63 of the Journal, by striking the 6th Whereas clause and substitute the following:

"WHEREAS, the salary adjustments recom-mended by the commission are subject to appropriation by the General Assembly and that no increase in compensation shall take effect unless and until the same is appropriated.".

Senator Schneider moved that the above amendment be adopted.

Senator Singleton requested a roll call be taken on the adoption of SA 2 and was joined in his request by Senators Childers, Kenney, Rohrbach and Sims.

SA 2 was adopted by the following vote:

Senator Schneider offered SS for SCR 2:

SENATE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 2

Rejecting the amount of increase in compensation for public officials as recommended by the Citizen's Commission on Compensation for Elected Officials.

WHEREAS, in November 1994, the people of Missouri established in the Missouri Constitution an independent citizen's commission that was given primary responsibility to establish a schedule of compensation for public officials based upon a review and study of the duties of elected state officials, judges and members of the General Assembly; and

WHEREAS, the Commission has faithfully undertaken its responsibility and submitted a compensation schedule that provides for a maximum increase in compensation for the affected public officials up to the amount of 5.5%; and

WHEREAS, the percentage increase recommended by the Citizen's Commission on Compensation for Elected Officials was based upon recommendations made by the Personnel Advisory Board and the Ad Hoc Task Force on Total Compensation for all state employees for fiscal years 2001-2002 and 2002-2003; and

WHEREAS, the Citizen's Commission report makes clear that the Commission intended public officials should be treated the same as all other state employees; and

WHEREAS, the increases ultimately adopted for all state employees may well not be those recommended by the Commission when its schedule was approved and filed; and

WHEREAS, the General Assembly believes that public officials should not receive any cost-of-living increase in compensation, if at all, in excess of the average salary adjustment provided to other state employees; and

WHEREAS, the Missouri Constitution clearly provides that the recommendations of the Commission are subject to appropriations, and therefor may be reduced or rejected by the General Assembly and no increase shall take effect unless and until appropriated:

NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri Senate of the First Regular Session of the Ninety-first General Assembly, the House of Representatives concurring therein, that no increase in compensation for public officials shall be approved or appropriated for fiscal year 2002, if at all, in excess of the average provided to state employees as authorized by Section 105.005, RSMo; and

BE IT FURTHER RESOLVED that the General Assembly hereby rejects the increase in compensation recommended by the Citizen's Commission on Compensation for Elected Officials for fiscal year 2002 to the extent that it exceeds the average amount of increase in compensation as may be provided to state employees for fiscal year 2002; and

BE IT FURTHER RESOLVED that nothing in this resolution shall be interpreted to require that any cost-of-living increase shall be provided to public officials, the recommendation of the Citizen's Commission on Compensation for Elected Officials notwith-standing.

Senator Schneider moved that SS for SCR 2 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Carter, Staples, Stoll and Wiggins.

SS for SCR 2 was adopted by the following vote:

On motion of Senator Singleton, SS for SCR 2 was read the 3rd time and passed by the following vote:

The President declared the concurrent resolution passed.

On motion of Senator Singleton, title to the concurrent resolution was agreed to.

Senator Singleton moved that the vote by which the concurrent resolution passed be reconsidered.

Senator DePasco moved that motion lay on the table, which motion prevailed.

REPORTS OF STANDING COMMITTEES

Senator Kinder, Co-Chairman of the Committee on Gubernatorial Appointments, submitted the following report:

Mr. President: Your Committee on Guber-natorial Appointments, to which was referred the appointment of Marilyn Taylor Williams, as Director of the Division of Professional Registration, begs leave to report that it has considered the same and recommends that the Senate do give its advice and consent to said appointment.

Senator Foster moved that the committee report be adopted and the Senate do give its advice and consent to the above appointment, which motion prevailed.

Senator Mathewson and Senator Childers, Co- Chairs of the Committee on Local Government and Economic Development, submitted the following report:

Mr. President: Your Committee on Local Government and Economic Development, to which was referred SB 256, begs leave to report that it has considered the same and recommends that the bill do pass.

INTRODUCTION OF BILLS

The following Bills were read the 1st time and 1,000 copies ordered printed:

SB 370-By Caskey and Goode.

An Act to repeal sections 456.012, 456.013, 456.700, 456.710, 456.720, 456.730, 456.740, 456.750, 456.760, 456.770, 456.780, 456.790, 456.800, 456.810, and 456.820, RSMo 2000, relating to trusts and estates, and to enact in lieu thereof thirty-five new sections relating to the same subject.

SB 371-By Scott.

An Act to repeal sections 104.170, 104.312, 104.330, 104.339, 104.343, 104.372, 104.374, 104.395, 104.401, 104.420, 104.450, 104.515, 104.518, 104.530, 104.600, 104.601, 104.602, 104.620, 104.1003, 104.1024, 104.1030, 104.1051, 104.1072, 104.1078, 104.1093, 226.092, 226.160 and 476.524, RSMo 2000, relating to public retirement systems, and to enact in lieu thereof twenty-seven new sections relating to the same subject.

RESOLUTIONS

Senator Caskey offered Senate Resolution No. 104, regarding Leland and Renee Cunningham, Clinton, which was adopted.

Senator Klarich offered Senate Resolution No. 105, regarding Tyler Gabbert, Ballwin, which was adopted.

Senator Gross offered Senate Resolution No. 106, regarding Jeffrey William Bucher, St. Peters, which was adopted.

COMMUNICATIONS

President Pro Tem Quick submitted the following:

January 24, 2001

The Honorable John Scott

Missouri State Senate

State Capitol Building, Room 416

Jefferson City, MO 65101

Dear Senator Scott,

Please be advised that we are hereby appointing you to serve on the Missouri State Public Employees Deferred Compensation Commission (Chapter 105.910,RSMo). You will replace Senator Lacy Clay.

If I can be of any assistance please do not hesitate to contact me.

Sincerely,

/s/ Ed Quick /s/ Peter Kinder

Edward E. Quick Peter D. Kinder

Senate President Pro Tem Senate Co-Pro Tem

INTRODUCTIONS OF GUESTS

Senator Kinder introduced to the Senate, Senator-elect John Cauthorn, Mexico; Dave Barklage, Cape Girardeau; former State Representative Jim Howerton, Chilhowee; James Harris, Washington; Aaron Washburn, Monett; and Neil English, Jefferson City.

Senator Klarich introduced to the Senate, the Physician of the Day, Tom Saak, M.D., Ballwin.

Senator Loudon introduced to the Senate, his wife, Dr. Gina Gentry Loudon, Ballwin.

Senator Childers introduced to the Senate, Megan, Caleb and Greg Lilley, Homeschoolers from Branson; and Megan, Caleb and Greg were made honorary pages.

On motion of Senator DePasco, the Senate adjourned until 4:00 p.m., Monday, January 29, 2001.

SENATE CALENDAR

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FIFTEENTH DAY-MONDAY, JANUARY 29, 2001

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FORMAL CALENDAR

SECOND READING OF SENATE BILLS

SENATE BILLS FOR PERFECTION

SB 256-Caskey

RESOLUTIONS

SR 58-Singleton